CODE OF VIRGINIA DRIVERS TO GIVE WAY TO CERTAIN OVERTAKING VEHICLES ON DIVIDED HIGHWAYS (§ 46.2-842.1) It shall be unlawful to fail to give way to overtaking traffic when driving a motor vehicle to the left and abreast of another motor vehicle on a divided highway. On audible or light signal, the driver of the overtaken vehicle shall move to the right to allow the overtaking vehicle to pass as soon as the overtaken vehicle can safely do so. A violation of this section shall not be construed as negligence per se in any civil action. HISTORY: 1989, c. 708, § 46.1-211.1.